Participação do filho no acervo hereditário de genitor biológico diante de prévio registro de paternidade civil na modalidade socioafetiva

• Autor(a) principal: Ribeiro, Ana Claudia Souza
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6081
• topic: Direito de família; Herança e sucessão; Paternidade

The monograph goal is to analyze, based on legal and doctrinal aspects, the viability of the right to heritage of biological paternity, when the individual has been registered by an affective father. In order to do so, it analyzed the existing legislation in the current legal system, and the doctrinal understanding on the subject. The methods used, the level of research was exploratory; the approach was qualitative; the data collection procedure, was bibliographic and documentary. In the mentioned study, it was evident that the child registered under the socio-affective paternity has the right to know its biological truth, culminating in the recognition of the paternity. On the other hand, affection in the parent-child relationships is very important, allowing the child the right to dual paternity, that is, the paternal civil registration with the biological concomitant, in this way the child has access to all inherent rights to membership, from both paternities - biological and affective - on equal terms. This monograph concluded that the son can participate in the hereditary process of biological parent in three different ways: by replacing affective paternity with biological; by the addition of biological paternity to the civil registry, concomitantly to the affective one; or, in the absence of recognition of paternity, by voluntary will, made by the biological parent, allocating part of the assets to the individual.